Management Method of Arbitrators of Shijiazhuang Arbitration Commission

Chapter 1 General Provisions

Article 1 To strengthen the arbitrators’ team construction of Shijiazhuang Arbitration Commission(hereafter referred to as the commission), regulate the behavior of the arbitrators, improve credibility of arbitration, according to the Arbitration Law of People’s Republic of China(hereafter referred to as the arbitration law), The Regulations of Shijiazhuang Arbitration Commission(hereafter referred to as the regulations), Shijiazhuang Arbitration Commission Rules(hereafter referred to as the rules), Rules for Arbitrators of Shijiazhuang Arbitration Commission(hereafter referred to as the arbitrator rules) and other relevant provisions, this management method is formulated.

Article 2 After accepting the appointment of the arbitration commission, the arbitrator shall participate in the arbitration activities and perform the corresponding obligations according to the law.

Chapter 2 Appointment

Article 3 In order to improve the quality of arbitration,

the commission employs professionals with both ability and political integrity as arbitrators.

Article 4 Arbitrators shall meet the following basic requirements for the appointment system:

(1) Shall have the education background, qualifications, knowledge and experience stipulated in this management method, and be familiar with the arbitration law, arbitration rules and other relevant laws, regulations and arbitration practice;

(2) Shall comply with the arbitrator rules and this management method;

(3) Shall love the arbitration undertaking, impartial and upright, honest and trustworthy, diligent and efficient;

(4) Shall be in good health and under the age of 70, the age limit could be extended for special professionals needed by the commission;

(5) Shall have the necessary time to engage in arbitration activities.

(6) No crime or other unsuitable circumstances for being an arbitrator.

Article 5 In addition to meeting the basic requirements in article 4, arbitrators from different trades and professional fields shall respectively meet the following requirements:

(1) Arbitrator

1. Shall be in engaged in arbitration for at least 8 years;

2. Shall obtain legal professional qualification and through Legal Professional Qualification Examination.

(2) Lawyer

1. Has worked as a lawyer for at least 8 years.

2. Bachelor degree or above in law or related filed.

3. With rich practice experience and good reputation and no bad practice in record.

(3) Retired Judge

1. Has been a judge for at least 8 years.

2. Leaving judicial post less then 2 years or has been engaged in other legal affairs since leaving the judicial post.

3. With good reputation, high professional level, and strong capacity of dealing the cases.

(4) Law researching and teaching scholars.

1. Shall obtain a senior title of professional.

2. Engaged in law research and teaching or other relevant professional fields.

3. Has dealt with arbitration or litigation cases, and has corresponding experience in dealing cases.

(5) Economic and trade professionals

1. Senior title, or work in the unit as a professional and a technical leader as the deputy division level or above, or a high level of expertise and visibility in related fields.

2. Bachelor degree or above in related majors.

3. Engaged in economic trade and other professional work for eight years, with law knowledge and rich experience,

(6) Other legal affairs workers

1. Senior professional title, or deputy division level or above in the legislative law enforcement, legal affairs leading position, or through the national unified legal professional qualification examination to obtain the legal professional qualification.

2. Have a bachelor degree or above in law or other related majors, or have a college degree and serve as arbitrators for many years, strong ability to handle cases, and the effect is good.

3. Engaged in legislation, law enforcement or legal affairs work for eight years, and with rich experience.

Article 6 If an arbitrator is to be appointed, the arbitrator registration shall be filed out truthfully and relevant supporting materials shall be provided.

Article 7 The list for proposed arbitrators shall be recommended by the Disciplinary Committee for qualification examination and shall be considered by the committee at its meeting. If the appointment is decided, the letter of appointment and the arbitrator’s certificate shall be included in the list of arbitrators.

Article 8 The appointed arbitrator shall be registered annually, and the arbitrator shall be registered annually timely manner.

Article 9 If the information contained in the arbitrator registration form changes or the arbitrator cannot perform his duties for a short period of time during the employment period, the arbitrator shall promptly inform the commission in writing. If the arbitrator is unable to perform his duties for a long time, he/she shall apply for resignation in writing and the commission may dismiss him/her.

Article 10 The appointment period of arbitrators is generally 5 years, which can be adjusted during the term. If he/she no longer serves as an arbitrator at the expiration of the time limit, and the case he/she undertook during the employment period has not been concluded, he/she shall continue to perform his/her duties as an arbitrator until the end of the arbitration procedure for the case.

Article 11 Upon expiration of the term of appointment, the commission will decide whether to continue the appointment or not according to the conditions of appointment of arbitrators, and his/her voluntary performance and work needs.

Chapter 3 Rights and Obligations

Article 12  The arbitrator shall have the following rights:

(1) Arbitration shall be conducted by the Law.

(2) Accept the arbitration tribunal appointed by the parties or appointed by the Chairman of the commission.

(3) To put on opinions and suggestions on the work of the commission.

(4) To apply for resignation as an arbitrator.

(5) Shall be paid according to the regulation

Article 13 The arbitrator shall perform the following obligations:

(1) Abide by <

(2) Independent and fair, diligent and efficient, honest and self-discipline, information privacy principles, improve the credibility of arbitration.

(3) Research arbitration professional work, improve the ability to perform the duties.

(4) Striving to implement the arbitration legal system and actively participating in various arbitration activities;

(5) After accepting the selection or appointment, the 《Arbitrator Declaration》shall be signed, the pretrial meeting shall be held, and the trial plan shall be drawn up and implemented;

(6) Consciously accept the management of the commission and accept supervision according to law.

Chapter 4 Training

Article 14  The commission will formulate and implement an arbitrator education and training plan based on the actual work.

Article 15  The content of the training includes professional ethics, arbitration theory and practice, arbitration culture, etc. The training are conducted by means of lectures, seminars, surveys and exchanges.

Article 16  Arbitrators shall actively participate in the training activities, and relevant information shall be included in the assessment of arbitrators.

Chapter 5 Assessment

Article 17 The assessment is divided into daily assessment and annual assessment.

Article 18 The main contents of the daily assessment are: independence and impartiality, diligence and efficiency, demeanor and image, courtroom discipline, keeping secrets, practice ability, whether to organize pretrial conferences, formulate and implement trial plans, etc. Evaluation methods are evaluation by the parties, evaluation by the Secretariat, and mutual evaluation among arbitrators.

Article 19 The main contents of the annual assessment are: professional ethics, participation in education and training, implementation of the legal system of arbitration, effect of arbitration cases, etc. The annual assessment is conducted through personal summaries, summarizing daily assessments, and reviewing relevant work records.

Chapter 6 Rewards and Punishments

Article 20 Outstanding arbitrators shall be selected according to the annual assessment results, awarded certificates of honor, and commended and rewarded.

Article 21 Under any of the following circumstances, commendation and rewards shall be given:

(1) Arbitration is fair and efficient, with high level of arbitration documents, high mediation rate, and good case handling effect;

(2) Publicity and promotion of the arbitration legal system, with remarkable results;

(3) Arbitration research results have a greater impact;

(4) Rationalized suggestions are adopted, which play an important role in improving the credibility of arbitration;

(5) Promoting exchanges and cooperation with domestic and foreign arbitration institutions to achieve greater results;

(6) Properly handle major difficult and complex cases, or provide expert opinions with important reference value for major difficult and complex cases;

(7) Make other major contributions.

Article 22 If the conditions stipulated in Article 20 and Article 21 of these Measures are met, the arbitrator will be assigned priority to handle the case.

Article 23 Any of the following circumstances shall be deemed as having poor ability to perform duties:

(1) A case is held more than 3 times except for the reasons of appraisal and evaluation;

(2) The ability to control the court trial is poor, resulting in conflicts between the two parties and the failure of the arbitration procedure to proceed smoothly;

(3) There are circumstances in the award that the facts are unclear, the application of the law is inappropriate, the discussion is insufficient, the expression is inaccurate or the judgment is short, excessive, or seriously wrong;

(4) Responsible for the revocation or non-enforcement of the award;

(5) Seriously exceeding the trial limit for no reason;

(6) Not participating in relevant arbitration activities as required.

Article 24 Any one of the following circumstances shall be regarded as disobeying discipline:

(1) Arrive late or leave early when participating in arbitration activities without justifiable reasons;

(2) During the court session, check or use mobile phones and other electronic devices, enter and leave the court room at will, and engage in activities unrelated to the court session;

(3) Inappropriate clothes and improper words and deeds when participating in arbitration activities;

(4) Changing the time of arbitration activities such as hearings and deliberation without justifiable reasons.
  

Article 25 Any of the following circumstances shall be deemed to have violated the duty of diligence and efficiency:

(1) Failure to convene a pretrial conference as required, or to draw up an arbitration trial plan;

(2) Failure to attend the court session without any reason;

(3) The production of arbitration documents is not timely or the production of arbitration documents is entrusted to persons other than the arbitral tribunal;

(4) Not to express opinions and reasons for the award, and not to seriously review the arbitral award;

(5) Refusing to accept the selection of the parties or the designation of the director of the association more than twice within one year without justifiable reasons;

(6) The case is postponed due to personal reasons.
   

Article 26 If the circumstances specified in Articles 23, 24 and 25 occur twice within one year, interviews shall be conducted; if there are more than three times, they shall not be included in the roster of arbitrators within one year.
  

Article 27 Any of the following circumstances shall be deemed to violate the obligation of independence and impartiality:

(1) Concealing the facts that should be disclosed, not taking the initiative to withdraw in accordance with the regulations, and accepting the selection of the parties or the director of the association in violation of the regulations;

(2) deliberately delaying the arbitration time;

(3) During the court session, both parties are not given equal opportunities to make statements, and the speeches are obviously inductive and tendentious;

(4) Violating the basic facts and evidence of the case, refusing to explain the reasons, and insisting on the ruling opinion in favor of one party.
  

Article 28 Any of the following circumstances shall be deemed to be in breach of confidentiality obligations:

(1) privately disclose the opinion of the arbitral tribunal or other matters that should not be disclosed to the parties or the outside world;

(2) Disclosing the parties' commercial secrets, personal privacy or state secrets.
    

Article 29 If one of the circumstances of Article 27 and Article 28 occurs, the circumstances are serious, the interests of the parties are damaged, and the association will have a negative impact, and the employee will be dismissed.
   

Article 30 Any of the following circumstances shall be deemed to violate the obligation of integrity and self-discipline:

(1) During the handling of the case, privately contacting the parties or agents or accepting guests, gifts or other benefits from the parties or agents, and entertaining guests, giving gifts and providing benefits on behalf of the parties;

(2) Privately accept the evidence materials provided by a party or agent;

(3) soliciting or accepting bribes, practicing favoritism, or perverting the law in the handling of cases;

(4) Violation of laws and regulations or other relevant provisions of the Association, where the circumstances are serious.

If one of the above situations occurs, the name will be removed.
    

Article 31 A dismissed arbitrator whose case has not been concluded shall not continue to participate in the trial of the case, unless both parties agree.

The dismissed arbitrator shall no longer participate in the hearing of the arbitration case from the date of receipt of the written notice, and shall no longer be appointed for life.
    

Article 32 Register and inform the arbitrator of the complaints against the arbitrator, and may ask him to make an explanation if necessary.

For a complaint with evidence, the arbitrator should not be selected by the parties for the time being, and the chairman of the association will not appoint him as an arbitrator for the time being. If the complaint is true, according to the seriousness of the circumstances, it will be interviewed, temporarily not included in the arbitrators roster, dismissed until removed.

Chapter 7 Practice Information Database

Article 33 An arbitrator's practice information database shall be established, which shall be managed by special personnel and shall be kept strictly confidential.

Article 34 The contents of the information database include:

(1) Arbitrator registration information;

(2) Arbitrator assessment information;

(3) Other relevant circumstances.  

The information base serves as a reference for appointments, evaluations, and training.

Chapter 8 Supplementary Provisions

Article 35 Adjust and publish the Panel of Arbitrators in a timely manner according to the changes of arbitrators.

Article 36 These Measures are internal management norms and do not serve as the basis for the parties to apply for revocation or non-enforcement of the arbitral award.

Article 37 These Measures shall come into force on April 1, 2018.